32 Arkansas opinions name it 2 courts 1997–2024 3 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Johnson's Sales Co., Inc. v. Harrisgreen2 sentences2009For their contention that the predominance analysis has changed, the cross-appellants rely on the following language in Johnson’s Sales: “If a case involves preliminary, common issues of liability and wrongdoing that affect all class members, the predominance requirement is satisfied even if the circuit court must subsequently determine individual damages issues in bifurcated proceedings.” 370 Ark. 387, 392 , 260 S.W.3d 273, 277 . 2009For their contention that the predominance analysis has changed, the cross-appellants rely on the following language in Johnson’s Sales: “If a case involves preliminary, common issues of liability and wrongdoing that affect all class members, the predominance requirement is satisfied even if the circuit court must subsequently determine individual damages issues in bifurcated proceedings.” 370 Ark. 387, 392 , 260 S.W.3d 273, 277 . | 3 | 6 |
ChartOne, Inc. v. Raglongreen2 sentences2012Rather, the present case is factually more similar to our cases that have upheld a predominance challenge in the context of a deceptive-trade-practices claim for charging a fee, such as Rosenow, 2010 Ark. 26 , 358 S.W.3d 879 ; ChartOne, 373 Ark. 275 , 283 S.W.3d 576 ; and Asbury Auto. 2012Rather, the present case is factually more similar to our cases that have upheld a predominance challenge in the context of a deceptive-trade-practices claim for charging a fee, such as Rosenow, 2010 Ark. 26 , 358 S.W.3d 879 ; ChartOne, 373 Ark. 275 , 283 S.W.3d 576 ; and Asbury Auto. | 2 | 5 |
Union Pacific Railroad v. Vickersgreen2 sentences2012We also acknowledge DIRECTV’S reliance on Union Pacific Railroad v. Vickers, 2009 Ark. 259 , 308 S.W.3d 573 , and Arthur v. Zearley, 320 Ark. 273 , 895 S.W.2d 928 (1995), two cases in which this court held that the predominance requirement had not been satisfied due to individual issues. 2012We also acknowledge DIRECTV’S reliance on Union Pacific Railroad v. Vickers, 2009 Ark. 259 , 308 S.W.3d 573 , and Arthur v. Zearley, 320 Ark. 273 , 895 S.W.2d 928 (1995), two cases in which this court held that the predominance requirement had not been satisfied due to individual issues. | 2 | 5 |
General Motors Corp. v. Bryantgreen2 sentences2011See id. 2010See id. | 2 | 2 |
BPS, Inc. v. Richardsongreen2 sentences2017Vickers, 2009 Ark. 259, at 9 , 308 S.W.3d at 578 (citing BPS, Inc. v. Richardson, 341 Ark. 834 , 20 S.W.3d 403 (2000)). 2017Vickers, 2009 Ark. 259, at 9 , 308 S.W.3d at 578 (citing BPS, Inc. v. Richardson, 341 Ark. 834 , 20 S.W.3d 403 (2000)). | 1 | 4 |
GGNSC Arkadelphia, LLC v. Lambgreen2 sentences2016See id. 2015DIRECTV 10 Cite as 2015 Ark. 253 v. Murray, 2012 Ark. 366 , 423 S.W.3d 555 . | 1 | 2 |
Campbell v. Asbury Automotive, Inc.green1 sentence2013See id. | 1 | 1 |
cluster 718203green1 sentence2009Simpson next cites this court to various federal court cases for the proposition that common issues cannot predominate over individual issues where “no single proximate cause |17applies equally to each class member” and where “affirmative defenses depend on facts peculiar to each plaintiffs case.” See, e.g., Georgine v. Amchem Prods., Inc., 83 F.3d 610, 627 (3d Cir.1996), aff'd, 521 U.S. 591 , 117 S.Ct. 2231 , 138 L.Ed.2d 689 (1997). | 1 | 1 |
Beverly Enterprises - Arkansas, Inc. v. Thomasgreen2 sentences2007Id. 2007See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rosenow v. Alltel Corp.
green
2 sentences2012Rosenow, 2010 Ark. 26 , 358 S.W.3d 879 . 11fiIf a case involves preliminary, common issues of liability and wrongdoing that affect all class members, the predominance requirement of Rule 28 is satisfied even if the circuit court must subsequently determine individual damage issues in bifurcated proceedings. 2012Rosenow, 2010 Ark. 26 , 358 S.W.3d 879 . 11fiIf a case involves preliminary, common issues of liability and wrongdoing that affect all class members, the predominance requirement of Rule 28 is satisfied even if the circuit court must subsequently determine individual damage issues in bifurcated proceedings. | 3 | 2012–2019 |
Amchem Products, Inc. v. Windsor
green
2 sentences2000Baker, supra. In Baker, we also cited with favor the United States Supreme Court’s language from Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 117 S. Ct. 2231 (1997) regarding the predominance requirement of Rule 23(b). 2000Baker, supra. In Baker, we also cited with favor the United States Supreme Court’s language from Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 117 S. Ct. 2231 (1997) regarding the predominance requirement of Rule 23(b). | 3 | 1997–2009 |
City of Conway v. Shumate
green
2 sentences2022This is because the focus of the predominance inquiry is not an individual’s right to recover, but the 2 Koppers, 2020 Ark. 354, at 5 . 3 City of Conway v. Shumate, 2017 Ark. 36, at 7 , 511 S.W.3d 319, 325 . 4 Indus. 2022This is because the focus of the predominance inquiry is not an individual’s right to recover, but the 2 Koppers, 2020 Ark. 354, at 5 . 3 City of Conway v. Shumate, 2017 Ark. 36, at 7 , 511 S.W.3d 319, 325 . 4 Indus. | 2 | 2021–2022 |
Kersten v. State Farm Mutual Automobile Insurance Co.
green
2 sentences2016In Kersten v. State Farm Mutual Automobile Insurance Co., 2013 Ark. 124 , 426 S.W.3d 455 , this court stated that the predominance requirement is whether a common wrong has been alleged against the defendant. 2016In Kersten v. State Farm Mutual Automobile Insurance Co., 2013 Ark. 124 , 426 S.W.3d 455 , this court stated that the predominance requirement is whether a common wrong has been alleged against the defendant. | 2 | 2016–2016 |
Baker v. Wyeth-Ayerst Laboratories Division
green
2 sentences2015Baker v. Wyeth-Ayerst Labs., 338 Ark. 242 , 992 S.W.2d 797 (1999). 2015Baker v. Wyeth-Ayerst Labs., 338 Ark. 242 , 992 S.W.2d 797 (1999). | 2 | 2005–2015 |
Arthur v. Zearley
green
2 sentences2012We also acknowledge DIRECTV’S reliance on Union Pacific Railroad v. Vickers, 2009 Ark. 259 , 308 S.W.3d 573 , and Arthur v. Zearley, 320 Ark. 273 , 895 S.W.2d 928 (1995), two cases in which this court held that the predominance requirement had not been satisfied due to individual issues. 2012We also acknowledge DIRECTV’S reliance on Union Pacific Railroad v. Vickers, 2009 Ark. 259 , 308 S.W.3d 573 , and Arthur v. Zearley, 320 Ark. 273 , 895 S.W.2d 928 (1995), two cases in which this court held that the predominance requirement had not been satisfied due to individual issues. | 2 | 2012–2013 |
Asbury Automotive Group, Inc. v. Palasack
green
2 sentences2012Group, Inc. v. Palasack, 366 Ark. 601 , 237 S.W.3d 462 (2006). 2012Group, Inc. v. Palasack, 366 Ark. 601 , 237 S.W.3d 462 (2006). | 2 | 2009–2012 |
Lenders Title Co. v. Chandler
green
2 sentences2009Group, Inc. v. Palasack, 366 Ark. 601 , 237 S.W.3d 462 (2006); Lenders Title Co. v. Chandler, 358 Ark. 66 , 186 S.W.3d 695 (2004); and Am. 2009Id. at 77 , 186 S.W.3d at 701-02. | 2 | 2009–2009 |
Industrial Welding Supplies of Hattiesburg, LLC; Airgas, Inc.; And Airgas USA, LLC v. John Pinson and Larry Murphy on Behalf of Themselves and All Others Similarly Situated
neutral
1 sentence2022Welding Supplies of Hattiesburg, LLC v. Pinson, 2019 Ark. 325, at 8 , 587 S.W.3d 540 , 547. 10 defendant’s underlying liability. | 1 | 2022–2022 |
Koppers, Inc. v. Kelvin Trotter, Nathane Davis, Lonzo Allen, and Ken Piggee, Individually and on Behalf of All Others Similarly Situated
green
1 sentence2022This is because the focus of the predominance inquiry is not an individual’s right to recover, but the 2 Koppers, 2020 Ark. 354, at 5 . 3 City of Conway v. Shumate, 2017 Ark. 36, at 7 , 511 S.W.3d 319, 325 . 4 Indus. | 1 | 2022–2022 |
DIRECTV, Inc. v. Murray
green
2 sentences2015DIRECTV v. Murray, 2012 Ark. 366 , 423 S.W.3d 555 . 2015DIRECTV v. Murray, 2012 Ark. 366 , 423 S.W.3d 555 . | 1 | 2015–2015 |
Williamson v. Sanofi Winthrop Pharmaceuticals, Inc.
green
2 sentences2008Citing to this court’s opinion in Williamson v. Sanofi Winthrop Pharmaceuticals, Inc., 347 Ark. 89 , 60 S.W.3d 428 (2001), ChartOne avers that if determinative questions cannot be answered en masse, the predominance requirement has not been met. 2008Citing to this court’s opinion in Williamson v. Sanofi Winthrop Pharmaceuticals, Inc., 347 Ark. 89 , 60 S.W.3d 428 (2001), ChartOne avers that if determinative questions cannot be answered en masse, the predominance requirement has not been met. | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.